Condictio causa data causa non secuta
Encyclopedia
The condictio causa data causa non secuta under Roman law
was an action ("condictio
") for recovery of a transfer of property, where the purpose for the transfer had failed (causa non secuta). During the recognition of innominate contracts, and their enforcement via the actio praescriptis verbis, the condictio causa data causa non secuta still had relevance, however outwith the field of valid contracts. This can be explained by reference to the purpose which failed (the basis of the action): where pacta sunt servanda, the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract.
The condictio causa data causa non secuta still exists in German Law and is represented in § 812 I 2 2. Alt BGB. Its modern short form is called "condictio ob rem".
Scots Law
also still recognises the action of condictio causa data causa non secuta among the other condictiones, as was shown in the landmark case, in the field of unjustified enrichment (restitiution), of Shilliday v Smith (especially per Lord President
Rodger).
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
was an action ("condictio
Condictio
In Roman Civil Law, a Condictio referred to an "action" or "summons"; hence, compounds in legal Latin refer to various types of actions:*condictio causa data causa non secuta*condictio cautionis*condictio certae pecuniae...
") for recovery of a transfer of property, where the purpose for the transfer had failed (causa non secuta). During the recognition of innominate contracts, and their enforcement via the actio praescriptis verbis, the condictio causa data causa non secuta still had relevance, however outwith the field of valid contracts. This can be explained by reference to the purpose which failed (the basis of the action): where pacta sunt servanda, the purpose is successful on discharge of the legal duties which flow from the contract, namely transfer of the object of the contract.
The condictio causa data causa non secuta still exists in German Law and is represented in § 812 I 2 2. Alt BGB. Its modern short form is called "condictio ob rem".
Scots Law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
also still recognises the action of condictio causa data causa non secuta among the other condictiones, as was shown in the landmark case, in the field of unjustified enrichment (restitiution), of Shilliday v Smith (especially per Lord President
Lord President
The title Lord President may refer to one of several offices:*Lord President of the Council, the presiding officer of Her Majesty's Most Honourable Privy Council*Lord President of the Court of Session, the Chief Justice and Lord Justice General of Scotland...
Rodger).